New Media and Technology Law Blog

Tag Archives: CFAA

Supreme Court Denies Appeals of Notable Data Scraping, Computer Fraud Decisions from Ninth Circuit

This past week, the Supreme Court denied the petitions for certiorari in two noteworthy Ninth Circuit decisions that had interpreted the scope of liability under the federal Computer Fraud and Abuse Act (CFAA) in the context of wrongful access of company networks by employees and in instances involving unwanted data scraping from publicly available websites. … Continue Reading

CFAA Double Feature: Ninth Circuit Issues Two Important Decisions on the Scope of Liability Related to Data Scraping and Unauthorized Access to Employer Databases

Unauthorized Access: A former employee, whose access has been revoked, and who uses a current employee’s login credentials to gain network access to his former company’s network, violates the CFAA. [U.S. v. Nosal, 2016 WL 3608752 (9th Cir. July 5, 2016)] Data Scraping: A commercial entity that accesses a public website after permission has been … Continue Reading

Craigslist Files Another Suit against Data Scraper

For years, craigslist has aggressively used technological and legal methods to prevent unauthorized parties from scraping, linking to or accessing user postings for their own commercial purposes.  In a prior post, we briefly discussed craigslist’s action against a certain aggregator that was scraping content from the craigslist site (despite having received a cease and desist … Continue Reading

No Expansion of CFAA Liability for Monetary Exploit of Software Bug

In the game Monopoly, lucky players landing on Community Chest might turn over the highly desirable “Bank Error in Your Favor, Collect $200” card.  By the next turn, the proceeds are usually invested in properties and houses, yet, some might wonder whether accepting such a windfall was proper in the first place…or could lead to … Continue Reading

Applying 9th Circuit LVRC v. Brekka Ruling, District Court Dismisses Most CFAA Criminal Charges in United States v. Nosal

UPDATE: As discussed in this blog post, a panel of the U.S. Court of Appeals for the Ninth Circuit overruled the district court in United States v. Nosal (9th Cir. Apr. 28, 2011). ******** The debate over the applicability of the Computer Fraud and Abuse Act in cases of alleged employee disloyalty has yielded quite … Continue Reading

Citing Plain Language of the Computer Fraud and Abuse Act, Ninth Circuit Rules Employee’s Disloyal Act Does Not Terminate Authorization to Access Employer’s Computer

The federal Computer Fraud and Abuse Act, 18 U.S.C. §1030, criminalizes access to a computer that is either “"without authorization"” or that "“exceed[s] authorized access,"” and provides a civil right of action for violations as well. In the last several years, a split has developed in the federal courts on the question of whether an … Continue Reading

Facebook Takes a Page from Ticketmaster’s Playbook: Block Unauthorized Web Site Access with Carefully Drafted Terms of Use

In 2007, Ticketmaster brought a multi-count complaint against RMG Technologies, a software company that supplied ticket brokers with software that enabled them to automatically and rapidly access Ticketmaster’s Web site, to the detriment of ordinary users seeking tickets to popular events. The Ticketmaster v. RMG complaint was notable for stating a series of claims that … Continue Reading
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